Christopher Keyln Dearing v. Howard Carlton, Warden - Dissenting

I respectfully dissent from the majority based upon my conclusion that the trial court erred in summarily dismissing the petition for a writ of habeas corpus that, in my view, presents a cognizable claim for relief. The record reflects that the petitioner pled guilty to theft of property valued between $1,000 and $10,000 and evading arrest, and that he received concurrent sentences of two years and one day and one year, respectively. In his Petition for Writ of Habeas Corpus Relief, the petitioner alleges that the judgment for the theft conviction is void because he did not agree to a sentence of two years and one day and that such a sentence “is void, as obtained through misrepresentation and [an] unfulfilled promise [of] a total two (2) year sentence.” Additionally, he alleges that his guilty plea was not knowing and voluntary because he did not agree to the two year and one day sentence. In support of this allegation, the petition further asserts that both the technical record and the transcript of the guilty plea proceedings reflect that the sentence imposed should have been two years. However, neither the technical record nor the transcript of the guilty plea were attached to the petition in the habeas court. Attached to the petition for the habeas court’s consideration is the judgment of conviction reflecting a sentence of two years and one day for the theft conviction.